Houston business owners… stuck in the grip of Merchant Cash Advances (MCAs), you’re not alone. Many of my clients have felt trapped by these so-called “agreements.” But there’s hope, and I know because I’ve lived it—seen it—won it.
Ambiguity in MCA Contracts
It’s the ambiguity. It’s the clauses hidden in the fine print. It’s the way lenders try to disguise their terms. That’s how they trap you. But we know how to untangle those traps.
In Texas courts, ambiguity is our weapon. Ambiguity in these contracts leads to victories, ambiguity in their terms becomes the downfall of lenders, ambiguity is where Houston attorneys strike hardest.
- You can win.
- We can win on contract flaws.
- We can win because these contracts are built to deceive.
- We can break them down and reduce your burden.
Partial Victories: Why They Matter
When we say partial victories are wins, we mean it. We’ve seen it. We’ve done it. A 30% debt reduction is a win. A renegotiation of terms is a win. A reduction of daily payments is a win. Every reduction is a lifeline.
Partial victories… Partial relief… Partial reductions… They mean survival. They mean you get to keep the lights on. They mean you get to pay your employees. Every partial victory means another day to fight. I remember a Houston business… crushed under daily MCA payments. I fought, I negotiated, I reduced their debt. I fought for their survival. Partial? Maybe. But saving them was everything.
MCAs: The Hidden Loans
MCAs… they’re not loans. MCAs… they’re disguised as something else. MCAs… they’re structured to avoid loan laws, and that’s where Houston attorneys attack. We attack the disguise, we reveal the truth.
Under the Texas Deceptive Trade Practices Act (DTPA), we attack misrepresentation. We attack misleading terms. We attack every deceptive clause. The DTPA gives us power. It gives us the tools to fight for you. Federal laws… like the Truth in Lending Act (TILA)? They require transparency. Transparency is a word these MCA lenders don’t understand. We use it. We expose hidden fees and clauses.
Legal Precedents
I recall a case in Texas District Court. The court ruled the MCA contract was unconscionable—unfair in its essence. We use this precedent. We use it to win. And there was another case—another victory. An ambiguous MCA contract? Thrown out. Why? Ambiguity. Ambiguity that was so deep, even the lender couldn’t explain it. That’s what we’re looking for. That’s what wins.
- Ambiguous terms
- Hidden clauses
These are all deceptions MCA lenders use. And all of them are reasons to fight.
Legal Concepts to Use
Unconscionability—unfair terms—is another weapon. These contracts are so one-sided, so predatory, no reasonable person should agree to them. The courts? They know this. In one case, I argued unconscionability for a Houston business. The court threw out the worst parts of the contract. That’s a win. That’s how we save businesses.
Let’s talk usury. Usury is illegal. Interest rates over a certain limit? Illegal. But MCA lenders think they’re clever. They structure these as receivables, not loans. But we know better, and we expose it. Texas usury laws set strict limits. When MCA attorneys prove the “receivables” are loans in disguise, that’s when the contract falls apart. That’s when we argue usury violations.
Good faith and fair dealing—lenders must act fairly. Good faith and fair dealing—they can’t just take everything. And when they violate it, we fight back.
In one case, a Houston auto shop was under siege. The MCA lender was taking everything—future receivables, equipment, you name it. We fought. We showed the lender had violated good faith, and we won.
Debt Collection Violations
Debt collection laws? They exist to protect you. Aggressive lenders? They cross those lines all the time. If they harass you, if they threaten you, if they break collection laws—we use that. I had a case where an MCA lender harassed a Houston retail business daily. Threats, calls, intimidation. We fought back under the Texas Debt Collection Act. The contract? Voided. The threats? Ended.
The Bottom Line: Fighting Back
That’s what it comes down to—fighting back. Whether we’re reducing your payments, getting rid of illegal interest, or voiding the entire contract, every fight is worth it. Every fight is a chance to keep your business alive. Partial debt reductions are lifesaving. Partial renegotiations keep the doors open.
MCA lenders prey on small businesses. They are predators. They are dangerous. They are designed to destroy. But with the right defense? They can be beaten. They can lose. The law is on your side—if you know how to use it. And we do. That’s why Houston MCA attorneys fight. We fight for your survival. We fight to reduce your debt.
Listen, I’ve been here. I’ve saved businesses from the brink. I’ve fought tooth and nail. I’ve seen these predatory contracts ripped apart in court. Houston businesses? You can fight back, and you will win.